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Government
of India
Ministry of Railways
NOTIFICATION
New Delhi, the 8th August,
2003
G.S.R.
646(E)- In exercise of the powers conferred by section 129 of the Railways Act,
1989(24 of 1989), read with section 22 of the General Clauses
Act, 1897 (10 of 1897), the Central Government hereby makes the following rules,
namely:-
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1. |
Short
title and commencement. -
(1)
These rules may be called the Railway Passengers (Manner of Investigation
of Untoward Incidents) Rules, 2003.
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(2) |
They shall come into force on the date of their publication in the
Official Gazette.
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2. |
Definitions.
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(1)
In
these rules, unless the context otherwise requires, -
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(a) |
‘Act’ means the Railways Act, 1989 (24 of 1989);
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(b) |
'Claims Tribunal’ means Tribunal constituted under the Railway
Claims Tribunal Act, 1987; |
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(c) |
'diary’ means the station diary being maintained by the Station
Superintendent for recording daily events happened at the station;
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(d) |
‘Divisional Office’ means the divisional headquarter of the Zonal
Railway; |
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(e) |
‘Divisional Railway Manager’ means the administrative in-charge of
the divisional office; |
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(f) |
‘Divisional Security Commissioner’ means administrative in-charge of
the force of Divisional Office;
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(g) |
‘Force’ means the
Railway Protection Force;
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(h) |
‘Form’ means the Form appended to these rules;
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(i) |
‘Inquest Report’ means the report prepared by the police containing
details of incident;
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(j) |
‘Jama Talashi’ means the report about the recovery of any belongings
of the person affected by the untoward incident;
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(k) |
‘Police’ means a State Police;
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(l) |
'Station Superintendent’ includes Deputy Station Superintendent,
Station Master and Assistant Station Master or other
officer being in-charge of the station;
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(m) |
‘Supervisor’ means official-in-charge of the guard or driver or Train
Ticket Examiner booking office; |
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(n) |
‘Technical Survey’ means survey carried out by a team of railway
officials nominated by the Station Superintendent or any other official being in
charge of railway station;
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(o) |
‘untoward incident’ means an incident defined under clause (c) of
section 123 of the Act; and |
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(p) |
‘Zonal Railway’ means a zonal railway constituted under section 3 of
the Act.
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(2) |
The words and expressions used herein and not defined but defined in the
Act shall have the meaning respectively assigned to them in the Act. |
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3. |
Report about untoward incident.
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Any railway servant, including guard and driver of the train, on coming
to know of the occurrence of an untoward incident, shall report the incident
immediately to the nearest Station Superintendent.
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4. |
Duties of guard, driver
and Train
Ticket Examiner. -
Any
guard or driver or Train Ticket Examiner, who is on duty at the time of
occurrence of untoward incident, shall,
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(i) |
immediately arrange for medical assistance to the injured passengers, and
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(ii) |
report the occurrence of such incident to the Supervisor in Form-I. |
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5. |
Duties of Supervisor.
- On
receipt of a report in Form-I, the Supervisor shall forward the same to the
Divisional Railway Manager. |
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6. |
Duties of Station Superintendent.
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The
Station Superintendent, on receipt of an information about the occurrence of an
untoward incident under rule 3, shall, -
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(i) |
make necessary entries to this effect
in the station diary;
hcl |
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(iii) |
make out a brief report in respect of spot of the untoward incident and
forward copies thereof to the Divisional Office, Zonal Railways, police and
in-charge of the Force;
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(iv) |
carry out technical survey of the untoward incident himself or through
his representative; and
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(v) |
depute his representative to
assist the force to complete the process of investigation. |
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7. |
Conducting of investigation and submission of report by the Force.
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(1) On receipt of information
under rule 6, an officer of the Force, not below the rank of Inspector shall
carry out the investigation and shall, -
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(i) |
obtain copies of the inquest report, post mortem report and Jama Talashi
report from the police investigating the incident;
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(ii) |
obtain copy of the technical survey carried out by the railway official
nominated by the Station Superintendent; |
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(iii) |
obtain information about the untoward incident in Form -2;
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(iv) |
record statement of additional witnesses, if so required; |
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(v) |
collect any other evidence required by the circumstances of the case.
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(2) |
The officer of the Force, on completion of the investigation, shall
submit a report to the authorities specified under sub-rule(2) of rule 10.
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8. |
Conducting of investigation and submission of report by the Police. -
(1) The police on receipt of the report under clause (iii) of rule 6, shall
immediately initiate investigation and prepare inquest report or Injury report
in accordance with the procedure laid down in Criminal Procedure Code, 1973.
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(2) |
After preparation of report, as mentioned in sub-rule(1), the police
shall immediately give clearance certificate for movement of
trains from the site of incident so that minimum delay is caused in
restoration of train movement.
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9. |
The injured
and the next of kin of the deceased passenger may submit evidence and assist
police and Force.
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The injured and the next of kin of the deceased passengers may submit all the
relevant evidence before the Police and assist the police and the Force to
complete the investigation.
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10. |
Forwarding
of investigation report by the police and the Force. -
(1) The police on completion of the investigation, shall forward the report
thereof to the Magistrate, as required under the Criminal Procedure Code, 1973.
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(2) |
The officer of the Force shall forward the report prepared under sub-rule
(2) of rule 7 to the Divisional Railway Manager and Divisional Security
Commissioner of the Force.
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11. |
Action on the report by the Divisional Railway Manager. -
(1) The Divisional Railway Manager, on receipt of the report, shall
immediately examine the same. |
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(2) |
When, on examination, Divisional Railway Manager is satisfied that the
investigation is complete, he shall pass an order accepting the said report.
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(3) |
If the
Divisional Railway Manager has reason to believe that some more inquiry is
required in the matter, it shall refer the same back for investigation to the
officer of the Force along
with his observations for further investigation.
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(4) |
On receipt of a reference under sub-rule (3), the officer of the Force
shall investigate the matter further and submit the report immediately to the
Divisional Railway Manager.
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12. |
Communication of order. - Final
orders passed on the report by the Divisional Railway Manager shall be
communicated to the Station Superintendent who shall
maintain the records and make necessary entries in the Station Diary to
this effect.
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13. |
Investigation report to be placed before Divisional Railway Manager. -
The investigation report along with comments of the Divisional Railway Manager
thereon shall be placed before the Claims Tribunal by Railway Administration
while filing written statement in the case in which compensation has been
claimed on the basis of such untoward incident.
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(Padmakshi
Raheja)
Executive Director/Public Grievances
Ministry
of Railways
Railway
Board
New
Delhi
Form-I
(See
rule 4)
REPORT
OF UNTOWARD INCIDENT
1.
Kilometer at which untoward incident occurred :
2.
Name of Driver of the train with Headquarter :
3.
Name of Guard of the train with Headquarter :
4.
Name of Train Ticket Examiner of train, if posted,
with
Headquarter :
5.
Nature of the untoward incident
(a) accidental fall
(b) bomb blast
(c) rioting/shootout
(d) others
6.
Time of occurrence :
7.
Position of human body in relation to track :
8.
Whether medical help was given to the injured :
9.
Whether train stopped or not :
10.
Condition of doors and occupation of coach :
Signature
Name
and designation
Date
:
Form-2
(See
rule 7)
BRIEF
PARTICULARS OF UNTOWARD INCIDENT
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1. |
In cases of death :
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(a) |
time and place the body was detected: |
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(b) |
position of the body in relation to the tracks:
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(c) |
blood stains on ballast or engine,
extent
of the injuries and whether
prima
facie inflicted by a train or otherwise : |
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(d) |
position of any clothing etc. found on or near the rails :
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(e) |
Name of informant, his parentage and address : |
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2. |
In case of accidental falling or other untoward incidents :
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(a) |
kilometerage at which the passenger
fell
or person was knocked down :
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(b) |
was the incident noticed by the
Guard/Driver/TTE
and
the train stopped or was the alarm
chain
pulled to stop the train :
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(c) |
was the train backed to the incident spot :
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(d) |
how the injured or dead person was dealt with :
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3. |
In case the passenger falling out:
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(a) |
name, age, sex and address of the passenger,
with
the particulars of ticket, if any, held : |
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(b) |
if child, also give the name and address of the guardian
at
the time, and his relationship to the child :
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(c) |
where was the person or child seated or standing
at
the time last seen by fellow passengers : |
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(d) |
owning railway, painted number, compartment number,
type
description and position of the carriage from the engine : |
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(e) |
condition of doors :
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(f) |
officer of the Force on train :
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(g) |
brief statement of the injured person
containing
cause of accident : |
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(h) |
name and signature of the
passenger in
whose
presence the statement is recorded : |
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(i) |
in the case of a child, the name and
signature
of guardian : |
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(j) |
statement of co-passengers :
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(k) |
type of injuries sustained by the injured
i.e.
temporary, permanent, partial or complete disablement :
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Signature
Name
and designation
Date
:
Reference
note dated 20th May, 2003 of additional LC on pre-page.
The draft rules as modified by the Additional LC have been got re-typed
as suggested in Para 3 of the said note of Additional LC. The particulars, which
reports should contain, have been formulated in the form of Form-I and II
appended to the rules. The
definition clause has also been re-considered and the terms which are not
invariably used have been omitted from the draft rules.
The abbreviations have been expanded as per the suggestion of the ALC in
Para 4 of the note under reference.
With regard to the observations made in Para 2 of the note under
reference it is submitted that though there is no specific provision in the
present railway Protection Force Act to empower the force for making
investigations and in the recent amendments proposed to the Railway Protection
Force and the Railways Act, the Force is being empowered to investigate certain
offences as contained in the Railways Act.
Under the Draft Rules, the Force is like any other Railway servant, being
asked to collect the evidence pertaining to the untoward incident so that the
said evidence can be used at the time of defending/deciding the claim cases
before the Railway Claims Tribunal. Railway
Protection Force under the existing provision, has certain duties to perform in
case of Railway Accidents, Untoward Incidents are also like Railway Accidents
accompanied by loss of life or injury to passengers.
Railway Protection Force under the Rules is to perform certain duties
when an untoward incident takes place. These
have been spelt out in the proposed rules. Under these rules, Force is not being
empowered to investigate any offence. Therefore,
there is no conflict between the provisions of the Railway Protection Force Act
and the Railways Act and the recent amendments proposed to the said Acts so far
as the Draft Rules are concerned.
In the circumstances, Additional Legislative Counsel is requested to vet
the Draft Rules as modified by him and which have been got re-typed and placed
at F/X.
(Padmakshi
Raheja)
EDPG
16.6.2003
Sh.
S. R. Dhaleta
Additional
Legislative Counsel
Ministry of Law and Justice
Shastri
Bhavan
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